Some is electric the company is accused enroach on trade mark right reachs unfair competition, first instance adjudicates its are assumed lawfully after stopping the loss of tort, compensation, civil liability that removes an effect, its mention appeal, attempt " bright long a plank road built along a cliff, dark spend Chen Cang " , it is first " perpetrate a fraud " the company change is a natural person solely invested company, cancel the company soundlessly again after 2 careful put on record, think such OK " escape by crafty scheme " , all troubles end when the main trouble ends. . But reality is not really so " good " .
Today, small make up tell everybody, lawsuit should say sincere letter, otherwise when regret of draw fire against oneself late.
The case returns
A company appeals to say B company violates its trade mark right and make unfair competition, court of first instance maintains his to advocate the fact holds water, sentence your B company to be assumed lawfully stop the loss of tort, compensation, civil liability that removes an effect.
Think oneself clever
After one adjudgement is made definitely, b company raises appeal while, initiator partner Huang Mou, Zhong Mou (husband and wife concerns) every senile Liu Mou when will respective equity is made over entirely. And to Tianjin city supervisory management board of some region market and quality puts forward a company to change the application that register, bell of former legal representative some change is Liu Mou, company type is finite liability company by change of original finite liability company (the natural person is solely invested) , partner also is Liu Mou by change of Huang Mou, Zhong Mou.
During 2 careful are tried, b company makes partner decide: 1. Decide the company is cancelled; 2. Establish liquidation group, the member is Liu Mou, Huang Mou, liu Mou is liquidation group controller. Liquidation report carries bright " the company holds water to from July 3, 2014 on March 8, 2018, realize gain 40 thousand yuan of RMBs, indebted 20 thousand yuan " , money of Zhang of monetary fund, contact, goods in stock, fixed assets all is 0 yuan, liquidation carries as a result bright " liquidation group already informed creditor, undertake clearing to what owing debt, nonexistent default worker pay and insurance circumstance, creditor's rights debt already cleared end, unfinished matters concerned is in charge of by collectivity partner " . Subsequently, supervisory management board of market of Tianjin city some district and quality is made " allow cancels the advice note that register " , company of decision allow B is cancelled register.
Extensive of the arm of the law
" code of civil law of People's Republic of China "
Thirteenth the first civil suit ought to follow honest credence principle.
The 111st lawsuit participates in a person or someone else has one of following action, people court can give according to clue weight amerce, detain; Make crime, investigate criminal duty lawfully:
(one) forge, destroy significant evidence, cloggy people court hears a case;
(2) prevent witness attest to perhaps be incited with method of violent, minatory, buy over, buy over, threatening other forswears;
(3) conceal, move, sell off, damage already was closed down, sequestered belongings, already perhaps was instructed by check the amount its custodial belongings, transfer already by frozen belongings;
(4) the person that joins person of produce the expected result of personnel of person, witness, interpreter, appraiser, survey, assistance to carry out to judicatory staff member, lawsuit, undertake affront, calumniatory, frame a case against, beat up or hit retaliation;
(5) carry out a post with staff member of judicatory of block up of violent, minatory other perhaps method;
(6) court of refus nonperformance people has produced the court decision of legal effectiveness, ruling.
People court is right the of one unit of the action that the money before having sets, can main to its controller is direct perhaps responsibility personnel gives amerce, detain; Make crime, investigate criminal duty lawfully.
The sword of judicatory chasten
Company of B of A company know is dealt with during 2 careful are tried cancel after registering, offer application to 2 careful court, the requirement recalls by B company a:appellant processing. 2 careful court is dealt with to B company according to powers and authorities of office cancel the circumstance that register to give find out, after affirming one adjudgement is made definitely, b company raises to 2 careful court on one hand appeal, every senile Liu Mou when on the other hand initiator partner Huang Mou, Zhong Mou transfers total equity, finite liability company change is registered for finite liability company (the natural person is solely invested) , comprise liquidation group to undertake liquidating to B company with Huang Mou, Liu Mou again, final application is cancelled register. Huang Mou participated in a company to liquidate, informing 2 careful the court reachs this record below the circumstance of other party, sign in confirming liquidation result, carry bright " creditor's rights debt already cleared end " . 2 careful court thinks, the initiator partner Huang Mou of B company, Zhong Mou fastens this company to control a person actually from beginning to end, its are during 2 careful are tried evade legal obligation, with company of false liquidation report diddle the mechanism that register deals with legal person to cancel register, violated honest credence principle, and hampered people court case is tried. Reason, according to " code of civil law of People's Republic of China " the 111st the first judicatory discipline sb as a warning that the paragraph makes pair of Huang Mou, Zhong Mou the first times fine 50 thousand yuan each decides, and be confined to is handed in before January 10, 2019.
Because Huang Mou, Zhong Mou did not pay fine as scheduled, this case moves send carry out, executive bureau of city tall courtyard fizzles out in time to person be executived lawfully some, Zhong Mou issues executive advice note, inform clearly to phone of two people be executived: If avoid is carried out, the court will be adopted to its bring into break his promise to be carried out person list, amerce, detain wait for coercive measures. In the meantime, undertake to two people be executived channel is taught, move with affection, dawn in order to manage. Huang Mou, Zhong Mou is given out at carrying out advice note 10 fulfilled legal obligation automatically in a few days.
Small make up have talk
Judicatory chasten is people court blow not the immediate step of action of sincere letter suit and obstructive judicatory behavior, the justice that can ensure litigant activity undertakes effectively, safeguarded legal honor. According to law, we will continue to be punished severely lawfully not action of sincere letter suit and obstructive judicatory behavior, damage a society badly to social exposure the travel humanness of resource of force of force of public letter of sincere letter judicatory, harm judicatory public letter, wasteful judicatory, standard of education of cogent play judicatory and guide a function.
Author | Li Anjiang Liu Weichao
Make | Zhang Wei
Editor-in-charge | Wu Yuping
Examine and verify | Ancestral sea
